Senate confirms Trump court pick despite missing two 'blue slips'

Senate Republicans confirmed a 9th Circuit Court of Appeals nominee on Tuesday even though neither home-state senator returned a "blue slip" for the judge nominated by President TrumpDonald John TrumpMueller report findings could be a 'good day' for Trump, Dem senator says Trump officials heading to China for trade talks next week Showdown looms over Mueller report MORE
 
Senators voted 53-46 on Eric Miller's nomination, making him the 31st appeals judge confirmed since Trump took office in January 2017. 
 
Miller is the first circuit court nominee to be confirmed without a blue slip from either home-state senator, with neither Sens. Patty MurrayPatricia (Patty) Lynn MurrayOvernight Health Care: Senators seek CBO input on preventing surprise medical bills | Oversight panel seeks OxyContin documents | Pharmacy middlemen to testify on prices | Watchdog warns air ambulances can put patients at 'financial risk' Senators ask CBO to review options for preventing surprise medical bills White House proposes limits on student loan borrowing as part of higher education reforms MORE (D-Wash.) nor Maria CantwellMaria Elaine Cantwell737 crisis tests Boeing's clout in Washington State rules complicate push for federal data privacy law Hillicon Valley: Cohen stuns Washington with testimony | Claims Trump knew Stone spoke to WikiLeaks | Stone, WikiLeaks deny | TikTok gets record fine | Senators take on tech over privacy MORE (D-Wash.) returning the sheet of paper that indicates if they support him. 
 
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Murray warned minutes ahead of the vote that Miller's nomination was putting the Senate on a "very dangerous path." 
 
"Republican leaders are now barreling towards a confirmation vote on a 9th Circuit nominee, a flash point that, if it succeeds, will mark a massive departure from the long-standing bipartisan process that has been in place for generations," Murray said from the Senate floor.
 
Cantwell added that the "confirmation process has, I believe, gone against long-standing Senate traditions, norms and the role of advise and consent to his nomination."   
 
It's the latest escalation of a years-long fight over the blue slip, with Democrats accusing Republicans of trying to defang the minority by moving nominations without support from home-state senators. 

The blue-slip rule — a precedent upheld by Senate tradition — has historically allowed a home-state senator to stop a lower-court nominee by refusing to return the blue slip to the Judiciary Committee.

How strictly the precedent is upheld is decided by the committee chairman, and enforcement has varied depending on who wields the gavel.

But it's emerged as a flashpoint during the Trump administration as several Democratic senators have refused to return their paperwork on circuit court nominees from their home states, setting up a round of fights between Democrats and the White House.

Several circuit nominees were confirmed last year despite not receiving a blue slip from one of the home-state senators. 
 
Republicans also brought 9th Circuit nominee Ryan Bounds to the floor despite not receiving a blue slip from either Oregon Democratic Sens. Jeff MerkleyJeffrey (Jeff) Alan MerkleyOvernight Energy: Judge halts drilling on Wyoming public lands over climate change | Dems demand details on Interior's offshore drilling plans | Trump mocks wind power Dem senators demand offshore drilling info before Bernhardt confirmation hearing Business groups urge Congress to combat LGBTQ discrimination in workplace MORE or Ron WydenRonald (Ron) Lee WydenHillicon Valley: Mueller delivers report, ending investigation | FEMA exposed info of 2.3M disaster survivors | Facebook asks judge to toss DC privacy lawsuit | Trump picks his first CTO | FCC settles lawsuit over net neutrality records Treasury expands penalty relief to more taxpayers Overnight Health Care: Senators seek CBO input on preventing surprise medical bills | Oversight panel seeks OxyContin documents | Pharmacy middlemen to testify on prices | Watchdog warns air ambulances can put patients at 'financial risk' MORE, but his nomination was withdrawn after Sen. Tim ScottTimothy (Tim) Eugene ScottSenate votes to confirm Neomi Rao to appeals court Breaking down barriers for American military families Top House Dem dismisses reparations as 2020 candidates endorse idea MORE (R-S.C.) indicated that he wouldn't support him. 
 
The Senate Judiciary Committee voted out Miller's nomination along party lines earlier this month. 
 
Democrats were infuriated when Republicans held a hearing for Miller during the October recess last year when most lawmakers were out of town.
 
 
 
 
"He will make decisions on our nation's most important issues and will have the power to change Americans' lives," said Sen. Catherine Cortez MastoCatherine Marie Cortez MastoThe Hill's 12:30 Report: Manafort sentenced to total of 7.5 years in prison Dems put spotlight on diversity in tech Hillicon Valley: Google workers join lawmakers against forced arbitration | Cohen to return before House Intel next week | Huawei pleads not guilty to theft allegations | New bill would ban ad targeting by race MORE (D-Nev.). "Yet this Republican leadership believes a five-minute hearing is enough for a circuit court nominee who doesn't have the support of his own home-state senators."
 
Republicans have dismissed Democratic complaints, noting that Democrats, led by then-Majority Leader Harry ReidHarry Mason ReidSuicide is not just a veteran problem — it is an American problem The Hill's Morning Report — Washington readies for Mueller end game Bernie campaign 2.0 - he's in it to win it, this time around MORE (D-Nev.), got rid of the 60-vote filibuster for lower court nominations in 2013, ensuring an appeals judge could be confirmed by a simple majority.
 
 
"All in all, his classmates, many of whom have also been his colleagues over the years, say that Mr. Miller is, 'extraordinarily well-qualified' to serve as a federal judge," he said. "I would urge each of my colleagues to join me in voting for this fine nominee soon." 
 
Grassley also sent a letter to Murray and Cantwell late last year saying they had not returned their blue slips but also not given any "substantive reasons for your opposition."
 
"My preliminary conclusion is that the White House staff attempted to engage in meaningful consultation with you but that their engagement was not reciprocated," Grassley wrote in the letter. "I believe the White House engaged in meaningful consultation with you regarding the Ninth Circuit vacancy in Washington."